Your children need you both, Supreme Court tells estranged couples


New Delhi, Apr 11 (The Hindu) : Witness to many a ‘no-holds-barred’ court battle between couples for child custody, the Supreme Court has found that the time is ripe to give “parental advice” to young and estranged couples whose children find their future crushed between the walls built by their parents.

“After all, the child needs both father and mother,” a Bench of Justices Kurian Joseph and Rohinton Nariman said in a recent judgment on a plea by a separated couple over the custody of their young daughter.

Justice Joseph, who authored the judgment, conveyed the court’s dismay and alarm at how family splits would psychologically affect children and the impact it would have on society.

“We only want to remind both father and mother that they may fight endlessly, but the one person who is sandwiched, disturbed, pained, shocked, and if not spoiled, is their daughter,” he said.

The verdict said parents should, instead of highlighting their differences (some reconcilable and others beyond repair), pay premium to the future of their children and the harm an ugly custodial battle would cause to the child.

“If the future of the daughter is kept in mind by both the father and the mother, they will think of dissociating themselves from all other differences between them,” Justice Joseph said.

Hoping that the parents in would reach a workable solution, the court left it to the family court concerned to hear them and work out an amicable, long-term settlement. For the period of the divorce proceedings before the family court, the Bench gave the child’s custody to the father on the first three Saturdays, from 10 a.m. to 8 p.m., starting from the first week of April, 2016.

It said the parents could seek the help of the family court for custody during vacations.

  

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Comment on this article

  • Rita, Germany

    Tue, Apr 12 2016

    when children hear misunderstanding between parents ,immediately they take it to mind and suffer later quietly.Such children you will notice,with time cant concentrate in school,study fail,later in life too are not successful.many children suffer immense when parents separate.It is not only Money but parents love and living together ,sharing joys and bad times together helps a lot to be in touch later too.we see for example Madonna is fighting for her son,he wants only his father.She doesn't understand a son eeds his father during his growth .She wants to have power on him.sad.

    DisAgree Agree [2] Reply Report Abuse

  • Kusuma Kumari Chitti G Nellore , Kodyadka

    Mon, Apr 11 2016

    Yes very true Children should not be victims if parents aren't getting along well Unless we change our mindset in these kind of issue children will suffer like anything in life

    DisAgree Agree [7] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Apr 11 2016

    India runs only on Supreme Court ...

    DisAgree [1] Agree [13] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Mon, Apr 11 2016

    Supreme court's observation on the kind of impact the children of the divorced couples can have is worth pondering....if only the couples think of their wards and act accordingly...the number of divorces will drastically come down.....

    DisAgree Agree [24] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Mon, Apr 11 2016

    Bhandarkar,
    Good advise and awareness indeed.
    Love, guidance and responsibilities parents show towards their children will never go waste. Bad way of upbringing or fights in the family will surely impact on children's way of life and future.

    DisAgree [3] Agree [17] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Mon, Apr 11 2016

    1.I think 'recently married ' as well as 'fighting couples' would do well to read the judgement .
    2. Read it once again.
    3.For whatever said and done children first 'owe their existence' in this world because of you. It is also true that they are 'dependent' on you initially for 'emotional comfort'.
    4. If you do not teach them 'family values'..who will?
    5. parents are solely responsible , in a way as to how their children shape up.
    6. As it is now we hear children dumping their aged parents in old age homes. OAH's have become booming business centers...
    Now if parents only 'dump children'..what to say...as to what kind of 'personalities' they may turn into later... Is it not?
    Point to Ponder...
    Love Birds, kootchie cooers and all
    please take serious note...

    DisAgree [3] Agree [26] Reply Report Abuse


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